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HomeMy WebLinkAboutJune 27, 2016 For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca Council Agenda Monday, June 27, 2016 Council Chambers 7:00 pm Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. IX) Motions and Notice of Motions 95-103 X) By-laws 104-134 XI) Confidential Council -Public Report XII) Other Business XIII) Conti rmation By-law XIV) Adjournment June 27, 2016 Presentations 1. John Sabean Re: Pickering Library National First Place Award for its Summer Reading Program 34 Delegations 1 . Jeannette Whynot Peter Bashaw Accessibility Advisory Committee Re: 2015 Report and 2016 Work plan Corr. 33-16 June 27, 2016 35 June 27, 2016 Correspondence Pages 1. 2. 3. 4. Corr. 28-16 Mary Medeiros Acting City Clerk City of Oshawa 50 Centre Street South Oshawa, ON L 1 H 3Z7 Motion for Direction 38-39 Letter received from Mary Medeiros, Acting City Clerk, City of Oshawa, seeking support of a resolution passed on June 13, 2016 to assign electric vehicle production to the Oshawa Plant. Corr. 29-16 Debbie Shields, City Clerk City of Pickering Motion for Direction 40-48 Memorandum received from Debbie Shields, City Clerk, seeking direction from Council with respect to the City of Pickering having an interest in a shared service with the Region of Durham for a Municipal Ombudsman. Corr. 30-16 Gloria Collier, Acting Town Clerk Town of Richmond Hill 225 East Beaver Creek Road Richmond Hill, ON L4B 3P4 Motion to Endorse 49-50 Letter received from Gloria Collier, Acting Town Clerk, Town of Richmond Hill, with respect to a motion passed at a meeting held on February 22, 2016 requesting the Province of Ontario's review of the land use appeals process. Corr. 31-16 Tanya Ryce Supervisor, Cultural Services Motion to Endorse 51-54 Correspondence received from Tanya Ryce, Supervisor, Cultural Services, submitting for Council's approval the 2016 work plan and Terms of Reference on behalf of the Cultural Advisory Committee. 36 37 5. . Corr. 32-16 Motion to Endorse 55 6. 7. Tom Melymuk Director, City Development Memorandum received from Tom Melymuk, Director, City Development, seeking support from Council to appoint the Director, Engineering & Public Services, as his designate as it relates to the enforcement of the provisions within the Fill and Topsoil Disturbance By-law. Corr. 33-16 Tim Higgins Accessibility Coordinator City of Pickering Receive for Information 56-60 Memorandum received from Tim Higgins, Accessibility Coordinator, submitting the 2015 Report and 2016 Work Plan on behalf of the Accessibility Advisory Committee. Carr. 34-16 Tanya Ryce, Supervisor, Culture & Recreation City of Pickering Receive for Information 61-63 Memorandum received from Tanya Ryce, Supervisor, Culture & Recreation, submitting the 2015 Report and 2016 Work Plan on behalf of the Pickering Museum Village Advisory Committee. 39 -2-. That this motion be forwarded to the Councils of the RegionaJ Municipality of Durhamt Pickering, Ajax, Whitby, Clarin~on, Uxridge, .Brock and Scugog, requesting their endorsation." ·., By copy of this letter, I am advising the parties referenced in the above resolution of Council's decision, Your consideration of this important issue is appreciated. ff you need further assistance, please contact Jag Sharma, City Manager at the address listed below, or by telephone at 905-436-3311 .. ~ _,.. Mary Medeiros Acting City Clerk /kb c: .Jag Sharma. City Manager. Oshawa ·Regional MuniCipality of Durham City of Pickering . Municipality of Clarington Town of Ajax Town of Whitby Towns hip of Brock Towns hip of Scugog Towns hip of Uxbridge Report #20 16-A-19 Page 2 of 5 2. Background 2.1 Effective January 1, 2016 the Ontario Ombudsman's jurisdiction was expanded to include the municipal sector, including municipal agencies and some municipal boards. 2.2 The Ombudsman Act had been amended to expand the jurisdiction of the Ontario Ombudsman to include municipalities, municipal boards and their agencies. Boards of health and police services boards are excluded from the jurisdiction of the Ombudsman. 2.3 This expanded jurisdictron meant that effective January 1, 2016 the Ontario Ombudsman's Office can conduct investigations into municipal matters based on complaints received directly from the public. The amendments further clarified how the Ontario Ombudsman may exercise its powers where a municipality has appointed an Ombudsman. 3. Under the Municipal Act, 2001, Council has the authority to appoint an Ombudsman 3.1 Section 223.13 of the Municipal Act, 2001 gives municipalities the authority to appoint an ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made, or act done or omitted, in the course of the adr:ninistration of the municipality, its local boards and such municipally-controlled corporations as specified by the municipality. 3.2 With the inclusion of the municipal sector under the jurisdiction of the Ontario Ombudsman, the Ontario Ombudsman by default became the ombudsman for those municipalities that did not appoint an ombudsman as of January 1, 2016. 4. Previous Reports to Regional Council 4.1 On June 24, 2015, Regional staff initially reported to Regional Council on the Public Sector and MPP Accountability and Transparency Act, 2~14 ("Bill 8"). 4.2 One of recommendations in that report that was adopted by Regional Council was Regional staff exploring the: "the feasibility of appointing a municipal ombudsman to conduct investigations with respect to administrative acts of the Region, including options for appointment jointly w;th other municipalities be explored and that Regional staff report back .... " 4.3 On December 14, 2015, Regional Council received report 2015-A-41 under which Council determined to (i) appoint a Municipal Ombudsman; (ii) commence an RFP process to appoint said Municipal Ombudsman; and, (iii) consult with the local municipalities to explore their interest in the possibility of partnering on the proposed RFP by providing the option for the successful proponent ombudsman to service the local municipalities with respect to their local administration. 4.4 To this point the Town of Whitby and Clarington Council have passed formal resolutions to jointly appoint a Municipal Ombudsman with the Region of Durham. 39 42 43 Report #20 16-A-19 Page 3 of 5 The remaining area municipalities have not passed resolutions, but have indicated that they want to wait for the outcome of the Ombudsman RFP prior to making a decision on whether to appoint the successful proponent as municipal ombudsman. · 5. RFP-1014-2016 5.1 A request for proposals was issued for the Ombudsman Services as RFP-1 014- 2016 and was posted on the Regional website from the dates of May 2, 2016 and closed on May 24, 2016. 5.2 RFP 1014-2016 is a cooperative purchasing arrangement under which the local municipalities may choose to appoint the selected proponent, within the term of the contract, on the same terms and conditions including price. 5.3 RFP 1014-2016 consisted of the following evaluation criteria: a) Company and Staff Background, Qualifications and Experience b) Communication and Public Awareness c) Technical Solution-Methodolo_gy and Resources d) Pricing e) Presentation and Demonstration 5.4 Participation in this co-operative purchasing arrangement allows the local municipalities the option to appoint the selected proponent, appoint their own local ombudsman or choose to rely upon the Ontario Ombudsman for service. 5.5 In addition, should the local municipalities desire additional services to be provided by the Municipal Ombudsman, such as education seminars, then they may pass confirmatory by-laws with their local Councils to confirm any duties to be assigned to the Municipal Ombudsman and they would perform such duties under the hourly fee as a "Special Project" as defined under the RFP. 5.6 Three firms submitted compliant proposals which were ADR Chambers Inc., MED- ARB Solutions Limited and John Arkelian. The proposals were evaluated using a one stage envelope system and a presentation stage. 5. 7 The Proponents were required to achieve a minimum technical score of 70% on the interview stage of the evaluation to be considered for Contract recommendation. 5.8 Based on the scoring criteria, ADR Chambers Inc. is th_e recommended proponent. 6. Recommended Proponent for Ombudsman for the Region of Durham 6.1 ADR Chambers Inc. has over twenty years of experience providing mediation, ' arbitration and investigation services for both the public and private sectors in 4 0 . - Report #201.6-A-19 Page 4 of 5 Canada and internationally. ADR Chambers Inc. currently is the ombudsman for the Region of York (and several of its member municipalities) and the Region of Halton (and several of its member municipalities). 6.2 Since 2008, ADR Chambers Inc. has been the banking ombudsman for the Royal Bank of Canada, TO Financial and Direct Cash Bank and has been providing similar services to the Financial Services Commission of Ontario and is certified by the federal government as only one of two approved external complaint bodies for the financial service sector in Canada. 7. Term of Appointment 7.1 The initial term of the appointment of ADR Chambers Inc. will be for the balance of the current term of Council with a start date of July 1, 2016. The contract will continue for a subsequent four year term of the next Regional Council. 7.2 Under the terms of the contract the Region retains the right to terminate the contract for unsatisfactory performance at any time, or without cause upon giving at least (30) thirty days written notice. 7.3 All proponents were advised that in undertaking assignments for the Region, their performance may be reviewed throughout the duration of the contract. 8. Financial Implications 8.1 During the initial term, the Region will pay a fixed annual retainer fee of $12,000 to ADR Chambers Inc. to provide Ombudsman Services to the Region of Durham and the local municipalities that choose to participate in the cooperative purchasing arrangement by appointing ADR Chambers Inc. as their ombudsman. 8.2 The annual retainer will ·include the initial intake of a complaint, the processing of it, communicating with a complainant to verify the complaint, and any letters to the complainant to dismiss the complaint and close the file. Annual retainer will also include any reports and recommendations made to Regional Council and annual Ombudsman reports to Regional Council. 8.3 A fee of $250.00 per hour will be incurred for complaints made to ADR Chambers Inc. and the fee will be incurred at the time ADR Chambers decides a complaint warrants a formal investigation and the steps to carry out that formal investigation. The hourly fee will also apply to any "Special Projects" as may be requested by any participating municipality such as teaching seminars or public meetings. 8.4 By entering into a retainer agreement with ADR Chambers Inc., the Region will achieve savings by utilizing the existing infrastructure, resources and staff ADR Chambers Inc. has established acting as an Ombudsman for the banking sector. And in administering the role of an accountability officer in the municipal sector. 8.5 The actual costs that would be incurred as a result of complaints made to ADR Chambers lnc. is unknown as the volume of calls cannot be predicted at this time. 4 1 44 45 Report #2016-A-19 Page 5 of 5 9. Local Municipalities 9.1 The impact on local municipalities will depend on whether each municipality chooses to appoint its own ombudsman ot participate in the co-operative purchasing arrangement by appointing ADR Chambers. · 9.2 During the initial proposed term, the Region of Durham be responsible for the retainer fee .. Each local municipality that chooses to appoint ADR Chambers Inc. as their municipal ombudsman will be responsible for service fees of $250.00 per hour associated with the formal investigations arising out of complaints which apply to the participating municipality. 10. Implementation 10.1 In order to administratively implement an.ombudsman complaint process it will be necessary for some additional policy and procedures to be developed addressing matters such as confidentiality, process guidelines for complaints and investigations, and the preparation of appropriate forms and web pages for the public to be able to access and utilize the municipal ombudsman. 1 0.2 In order to implement these matters, it is recommended that the Commissioner of Corporate Services, or designate, be authorized to take such administrative steps as is necessary in order to give effect to the direction of Regional Council to implement a municipal ombudsman process with respect to the administrative acts of the Region. 11. Conclusion 11.1 The appointment of the recommended proponent will ensure the Region of Durham has its own o'mbudsman ready to serve the residents and customers of the Region of Durham. 12. Attachment Attachment #1 Appointment By-law Respectfully submitted, Mathew L. Gaskell Commissioner of Corporate Services Recommended for Presentation to Committee Garry H. Cubitt, M.S.W. Chief Administrative Officer 42 Report #201 6-A-19 Attachment #1 BY-LAW NUMBER 32-2016 OF THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to authorize the Region of Durham to appoint ADR Chambers Mediators and Arbitrators as the Ombudsman for the Regional Municipality of Durham (Regional Ombudsman). WHEREAS pursuant to Sectio.n 8 of the Municipal Act 2001 S.O. c. 25 provides in part that a municipality has the capacity,· rights, powers and privileges of a natural person for the purpose of exercising authority; · AND WHEREAS pursuant to Section 223.13{1) authorizes a Municipality to appoint an Ombudsman who reports to Council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the· municipality, local boards and such municipally-controlled corporations as the municipality may specify affecting any person or body of ·persons in his, her or its personal capacity; AND WHEREAS Council for the Regional Municipality of Durham passed a resolution at its meeting of June 29th, 2016 to authorize the execution of an agreement with ADR Chambers to be appointed the Regional Ombudsman and to provide services to facilitate the delivery of services for the Regional Ombudsman. NOW THEREFQRE BE IT ENACTED AND IT IS HEREBY ENACTED as a by- law of The Regional Municipality of Durham through its Council as follows: i. That the Regional Chair and Regional Clerk are hereby authorized and instructed to execute on behalf of the Regional Municipality of Durham an agreement with ADR Chambers to affect their appointment as the Regional Ombudsman and also to provide the required services for Regional Ombudsman (the Agreement) on such terms and conditions as were presented in the Request For Proposals and such other terms and· conditions as may be required and approved by the Commissioner of Corporate Services to give effect to the Agreement. 2. That the Agreement provide for that ADR Chambers be appointed for a term from the date of July 1, 2016 to the end of the current term of Regional Council and the entire subsequent term of a subsequent Regional Council. 43 46 Page 2 of 3 3. That ADR Chambers as the Regional Ombudsman provide the following services: (a) Independently receive, review and investigate complaints that are the result of an act, decision or recommendation done or omitted in the course of the administration of the Regional Municipality of Durham and any municipally controlled corporation that may be under the ombudsman jurisdiction; (b) Maintain confidentiality of complaints and the matters relating to an investigation unless such matters should be disclosed to establish grounds for the ombudsman's conclusions and recommendations; (c) Act atarm's length from the Regional Municipality of Durham and Council but will provide an annual report on its activities and periodic reports that are the result of an investigation. (d) The first point of contact should the Regional Ombudsman wish to conduct a formal investigation will be to notify the Regional Clerk before conducting any such investigation. (e) That the Regional Ombudsman cannot investigate any decision, recommendation, act or omissions: (1) where there is a right of appeal or objection, or right to apply for a hearing or review by tribunal or court until this right has been exercised; and (2) of any legal adviser or person acting as legal counsel to the public sector body. (f) That the Regional Ombudsman provide annual reports and such other reports as may be required subsequent to the completion of their investigations, providing results and recommendations in accordance to the Agreement. 4. That should the Ombudsman conduct an investigation, it shall do so in accordance to the terms and conditions of the Agreement executed between it and the Regional Municipality of Durham and shall adhere to all . applicable laws, applicable statures and established Regional policies. 5. That any local municipality within the geographic region of the Regional Municipafity of Durham desirous to retain the Regional Ombudsman to provide Ombudsman services for their municipality that they may execute the Agreement with the Regional Municipality of Durham and shall pay the Regional Ombudsman for services in accordance to their hourly fee in accordance to the terms of the Agreement provided they have obtained the required approvals to do so. · 44 Page 3 of 3 6. That should the Regional Municipality of Durham or any local municipality desire any further services from the Regional Ombudsman outside what it is outlined in this by-law, the Regional Ombudsman may oblige in providing such other services, so long as the respective Council of the municipality requesting such other service has passed a resolution through their respective Council to authorize the Regional Ombudsman to provide such other service. If authorized to do so, the Regional Ombudsman will charge their hourly fee in accordance to the Agreement for such other services to the municipality requesting such other services. BY-LAW read and passed this 291h day of June, 2016. Roger Anderson, Regional Chair and CEO 45 Debi A. Wilcox, Regional Clerk 48 March 8, 2.016 Re: OMB Reform Page 2 of 2 Be it further resolved that the regulated timelines before an appeal is possible based on a "failure to make a decision" by the municipality be significantly extended thus ensuring that: 1. Adequate time be given for proper and meaningful negotiations between the Municipality and Applicant with the goal of resolving planning disagreements · 2. Applicants are prevented from appealing to the OMB before a thorough negotiation process has been exercised to come to a successful outcome Be it further resolved that a copy of this Motion be sent to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Ted McMeekin, Minister of Municipal Affairs and Housing; the Honourable Patrick Brown, Leader of the Progressive Conservative Party; the Honourable Andrea Horwath, Leader of the New Democratic Party; all MPPs in the Province of Ontario; the Regional Municipality of York and all York Region Municipalities; and Be it further resolved that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration." In accordance with Council's directive, the foregoing Council resolution in this regard has been forwarded to your attention. If you have any questions, please contact the Office of the Clerk at 905-771-8800. Sincerely, Gloria Collier Acting Town Clerk Copy: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Ted McMeekin, Minister of Municipal Affairs and Housing Mr. Patrick Brown, Leader of the Progressive Conservative Party Ms. Andrea Horwath, Leader of the New Democratic Party Association of Municipalities of Ontario (AMO) All Members of Provincial Parliament in Ontario 50 Terms of Reference-Cultural Advisory Committee 1.0 Mandate The Cultural Advisory Committee (CAC) will assist City staff with the implementation of the City of Pickering Cultural Strategic Plan. The CAC will identify and coordinate opportunities for cultural industries, associations, and the community to engage and provide expertise and input on matters relating to the provision of cultural services in Pickering. 2.0 Goals, Objectives and Responsibilities The City of Pickering Cultural Strategic Plan, approved by Council on June 16, 2014 as per resolution #247/14, sets a vision for the place of arts, culture and heritage in. the City and identifies strategic directions for policy, investment, partnerships and programs for the next 10 years. Pickering's Cultural Strategic Plan sets out six strategic directions: 1. broaden and deepen City leadership and investment; 2. build a strong and collaborative cultural sector; 3. strengthen culture-led economic development; 4. conserve and promote history and heritage; 5. celebrate and support diversity and inclusion; and 6. culture opportunities for the creation, education and enjoyment of the arts. Committee responsibilities include; a) Assist and advise staff on the implementation of the Cultural plan; b) Assist and advise staff on the development and review of policy relating to cultural development; c) Assist and advise staff on matters concerning the strategic planning, development and evaluation for cultural development in the municipality; d) Advocate for culture and promote community-wide cultural initiatives; e) Provide consultation, research and report findings and make recommendations as necessary on matters of culture within the City of Pickering; f) Encourage and promote effective communication between community cultural groups, individuals and the City; g) Advise and develop working relationships with owners of businesses, Business Improvement Areas (BIA) and Board of Trade; h) Advise and assist with the development of education programs and promote Pickering's Cultural Strategic Plan; i) Liaise with other like-organizations to promote Pickering's culture; j) Advocate and promote the value and benefit of cultural activities for all; and k) Report annually to Council. 52 53 Terms of Reference-Cultural Advisory Committee Members do not have the authority to assign work to staff but will work cooperatively and assume related duties as directed by the Supervisor, Cultural Services. More specifically, the CAC will not be responsible for the following: 1. Programme delivery; 2. Budget approval; 3. Day-to-day operations of City-owned facilities; and 4. Administrative matters including direction given to staff. 3.0 Composition 10 Committee members will be selected. 4 members of the public, and 6 representatives from related community organizations will be selected. Resident members must reside in Pickering and represent a broad range of interests and experience in the cultural sector. Community Organization representatives must be from organizations who serve the City of Pickering. Where possible, appointments to the Committee shall include representatives of the following organizations/associations: Pine Ridge Arts Council Durham West Arts Centre Pickering Historical Society Pickering Public Library • Ajax/Pickering Board of Trade • Diversity Group City Staff from the following departments will also make up the Committee: Culture & Recreation Department City Development Department Engineering & Public Works Department Corporate Services Department 4.0 Member Qualifications Qualifications include the skills, knowledge, and experience needed to contribute effectively to the Committee's objectives. Membership will be sought on the basis of broad interest, understanding and commitment to cultural development in the municipality, in addition to specific expertise and interest related to Culture. Terms .of Reference-Cultural Advisory Committee 5.0 Meeting Schedule The Cultural Advisory Committee meets monthly. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall not be held after September 301h unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 54 57 Awareness Activities • Attended City events such as Artfest and Canada Day, to raise awareness of accessibility issues within the community, including both visible and invisible disabilities such as hearing, mental health, and developmental disabilities. • Developed activities and displays to engage and involve members of the public. • Distributed the brochure "Accessibility is Good for Business" for developers and builders to encourage creation of accessible homes and developments within the City of Pickering. • Reviewed and updated the Committee's information brochure "Working Together to Ensure Access for All". • Promoted Ajax Pickering Board of Trade Lunch and Learn. • Piloted assistive listening devices. • Nominated Durham Regional Police Children's Games Partnership for David C. Onley Award. Policy, Standards, Implementation Activities • Monitored the progress of the proposed new accessible parking by-law, participated in and helped shape the design of the public consultation process. • Provided input on updates to the City of Pickering's Five-Year Accessibility Plan, which is the City's plan and guide to implementing the requirements of the Integrated Accessibility Standards Regulations under the Accessibility for Ontarians with Disabilities Act 2005. • Conducted regular audits of City facilities to provide recommendations for improved accessibility and compliance with updated standards. • Collaborated and consulted with Regional and Provincial accessibility professionals. • Reviewed drawings for splash pad installation. • Reviewed Committee draft Terms of Reference and developed long-term priorities. Public Input • Began the planning of a presentation to Council on Accessibility. This provided an opportunity for an exchange of information and ideas on the status of Accessibility within the community and how it may be improved for all of the City's residents. Employment • Reviewed the Employment Standards Act and examined how accessibility in the workplace may be improved within the City of Pickering. Researched what programs and financial supports exist which may aid in that process; for example, YEAH Foundation -Opportunities Fund. • Hosted presentation by The Canadian Council on Rehabilitation and Work (CCRW) regarding Opportunities Fund and the Ontario'Workplace Inclusion Program. June 22, 2016 Page 2 of 5 Accessibility Advisory Committee 2015 Year End Report and 2016 Proposed Work Plan 2016 Proposed Work Plan The Accessibility Advisory Committee will continue to strive to provide information and recommendations for Council that are proactive and place Pickering at the forefront of accessibility in the Province. The development of the Seaton Community continues to provide an opportunity to create an integrated and inclusive community, using best practices and exceeding minimum requirements of the Accessibility for Ontarians with Disabilities Act 2005. The Committee will consult, collaborate, and enhance inclusion and accessibility in the City of Pickering. The Committee plans to continue: Meetings • The Accessibility Advisory Committee will meet on the second Wednesday of each month, with the exception of July and August. Site Plan Application Reviews • Work with City staff through the Site Plan Application Review process to encourage the inclusion of accessibility considerations, as integral to the whole planning process. Encourage inclusivity and the use of Universal Design Principles. Encourage connectivity in the physical environment and separation of pedestrian and vehicular traffic for improved safety. • Continue to strive to provide information and recommendations to Council that are proactive and place Pickering at the forefront of accessibility in the Region and Province. • Advise with respect to development of the new Seaton community, aimed at achieving an integrated and inclusive community, by complying with the Accessibility for Ontarians with Disabilities Act 2005, applying national and international best practices, and where possible, creatively exceeding minimum requirements of the Ontario law. • Collaborate and consult with regional and provincial accessibility professionals to stay abreast of emerging issues and best practices. Awareness Activities • Attend City events such as the Seniors Active Living Fair, Pickering 101, Artfest, Rib fest, and Canada Day to raise awareness of accessibility issues within the community. • Develop activities and displays to engage and involve members of the public. • Hold first Disability Tax Clinic in partnership with the Pickering Public Library • Foster/promote nominations for local, regional and provincial awards to profile Pickering accessibility achievements and commitment. June 22, 2016 Page 3 of 5 Accessibility Advisory Committee 2015 Year End Report and 2016 Proposed Work Plan 58 59 Policy, Standards, Implementation Activities • Provide advice on responses to Regulator's request for information. • Provide leadership, advice, and support to the consultation on the new accessible parking by- law and review the analysis of the consultation feedback, as well as the new draft by-law. • Provide input on implementation of the City of Pickering's Five-Year Accessibility Plan. • Conduct regular audits of City facilities to provide recommendations for improved accessibility and compliance with standards; for example, curb cuts, special event accessible parking, and washrooms. • Review new Standard Operating Procedures with respect to outdoor spaces (Built Environment) and recreation programs. • Provide advice on enhancements to Kinsmen Park pathway system to be accessible and management of temporary accessible parking, accessible bus routes, and washrooms for Canada Day. • Provide advice on other park development projects such as splash pad in Amberlea Park. • Collaborate and consult with regional and provincial accessibility professionals. • Review plans and tour major City projects such as the Delaney Arena, and Council Chambers renovation projects to provide timely advice. • Review implications of partial repeal of Ontarians with Disabilities Act, 2001 (ODA). Public Input • Present 2015 accessibility accomplishments and 2016 plan to City Council identifying priorities for the new year. This presentation provides an opportunity for an exchange of information and ideas on the status of Accessibility within the community and how it may be improved for the benefit of all of the City's residents. Employment • Monitor staff and volunteer training process and progress. · Innovation • Investigate accessibility innovations for potential use in Pickering; for example, "PingStreet", "Access Now'' apps, and TTY alternatives. Collaboration • Hold discussions with Durham Region Transit regarding new standards for specialized accessibility services. , • Monitor Regional AAC minutes and attend Regional and Provincial learning and networking opportunities; for example, Metrolinx consultation, ONAP conferences, etc. • Hold accessible housing dialogue with developers and builders. • Meetings and walkabouts with Parks Canada and Altona Forest representatives. June 22, 2016 Page 4 of 5 Accessibility Advisory Committee 2015 Year End Report and 2016 Proposed Work Plan AAC Appointments and Committee Expansion • Conduct an open competition for vacant Committee posts as well as expanding the Committee to its full complement of 10 members. Submitted on behalf of the current Pickering Accessibility Advisory Committee: Peter Bashaw, Pickering Accessibility Advisory Committee Member Andrew Doucette, Pickering Accessibility Advisory Committee Member Edward Fulton, Pickering Accessibility Advisory Committee Member Daniel Hughes, Pickering Accessibility Advisory Committee Member Cody Morrison, Pickering Accessibility Advisory Committee Member Vincenza Ronaldi, Pickering Accessibility Advisory Committee Member Megan Thorpe Ross, Pickering Accessibility Advisory Committee Member Jeannette Whynot, Pickering Accessibility Advisory Committee Member Susan Wilkinson, Pickering Accessibility Advisory Committee Member Sanjin Zeco, Pickering Accessibility Advisory Committee Member Steve Bernardo, Ajax-Pickering Board of Trade Representative TH:Ib June 22, 2016 Accessibility Advisory Committee 2015 Year End Report and 2016 Proposed Work Plan Page 5 of 5 60 Facility Improvements Sub-Committee Guided by the Supervisor, Facilities Operations, and the Coordinator, Museum Operations, the Committee advises on site improvements and maintenance as it relates to budget and prioritization of projects. In 2015, the committee provided staff with input on the following areas: 1. Annual Forecasts & Operating Updates 2016-2020. 2. Annual Maintenance Schedule. 3. Building Surveys (on-going, monthly). 4. Facility Asset Management Plan development. 5. Heritage Architectural Studies, Prioritization of Buildings, and Scope of Work Template. 2016 Work Plan Collections Sub-Committee In 2016, the committee intends to assist staff with the following work: 1. Provide comment and recommendations with staff, to the committee at large, on acquisition and deaccession of artifacts. 2. Provide comments to staff regarding artifact training plans to be developed for staff and volunteers. 3. Continue working to prioritize artifacts for recovery in the case of damage or incident. 4. Advocate for improvements to artifact storage through the strategic planning process. 5. Comment on policies, procedures, and sop's related to the collection. 6. Continue to support artifact inventory projects throughout the village. Volunteer Recognition Sub-Committee In 2016, the Volunteer Recognition Sub-Committee will undertake the following tasks: 1. Review and make recommendations regarding the Pickering Museum Village Volunteer Service and Recognition Event and Program. Implement two new awards at the annual volunteer recognition event. a) Lifetime Achievement Award -given to one or more volunteers of the Pickering Museum Village for a significant contribution over their lifetime, to the betterment of the Museum. b) Outstanding Volunteer Award-given to the volunteer whose activities stand out amongst all other volunteers for their contributions and service to the Pickering Museum Village over the past year. 2. Continue development of the Volunteer Recognition KUDOS program to promote volunteer relations; working in sync with City standards. 3. Continue support in maintaining and updating the database of volunteer achievements for recognition and award reference purposes. 4. Support the nomination of volunteers for local, provincial, and national recognition; through the research, review, and development of awards, programs, and nomination packages. June 21, 2016 Pickering Museum Village Advisory Committee 2015 Annual Report and 2016 Work Plan Page 2 of 3 62 63 5. Provide input and feedback to the Pickering Museum Village Event & Volunteer Programmer, in the development and review of training programs, plans, policies and procedures related to volunteers. Facility Improvements Sub-Committee The Facility Improvements Sub-Committee will undertake the following tasks in 2016: 1. Review and comment on project plans, building repairs, and replacement schedules (e.g. painting, roofs, decks, and ramps, etc.). 2. Review and comment on proposed annual and forecast operating and capital budgets, as it relates to facility improvements. 3. Provide input on completed monthly building surveys at regular sub-committee meetings. 4. Review and comment on new and revised policies, procedures and standard operating procedures, related to facility improvements. 5. Review and comment on Facility Asset Management Plan. 6. Review and comment on Architectural Heritage Studies. 7. Advocate for improvement to Guest Services and amenities through the strategic planning process (e.g. new Visitor Services Centre, inclusion in public transportation access). TR June21,2016 Pickering Museum Village Advisory Committee 2015 Annual Report and 2016 Work Plan Page 3 of 3 June 27, 2016 Committee Reports a) Report EC 2016-06 of the Executive Committee Executive Pages 1. Director, Corporate Services & City Solicitor, Report Fl N 1 0-16 1-54 2015 Year End Recommendation 1 . That Report Fl N 1 0-16 of the Director, Corporate Services & City Solicitor be received; 2. That the Report to the Executive Committee on the 2015 audit as submitted by Deloitte LLP (Deloitte) be received for information; 3. That the 2015 draft Audited Consolidated Financial Statements for the City of Pickering be approved; and 4. That Deloitte LLP be reappointed to provide external auditing services to the City of Pickering for a 3 year term. 2. Director, Corporate Services & City Solicitor, Report CLK 03-16 55-57 Ward Boundary Review Recommendation 1. That Report CLK 03-16 regarding a ward boundary review be received; 2. That Council direct the City Clerk to take the necessary action to commence a ward boundary review to be completed before the 2022 Municipal Election; and 3. That staff include funds in the 2017 Budget deliberations for a ward boundary review. 3. Director, Culture & Recreation, Report CR 08-16 Community Association Lease Agreement -Claremont Golden Age Seniors Club Recommendation 58-78 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Claremont Golden Age Seniors Club set out in 64 65 Attachment 1 to this Report, subject to minor revisions acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor; 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4. Director, Culture & Recreation, Report CR 09-16 Architectural & Engineering Consulting Services for the New Fire Hall to Service Seaton 79-91 5. -Request for Proposal No. RFP-6-2016 Recommendation 1. That Proposal No. RFP-6-2016 submitted by Thomas Brown Architects in the amount of $310,750.00 (HST included) be accepted; 2. That the total gross project cost of $370,640.00 (HST included), including the amount of the proposal and other associated costs, and the .total net project cost of $333,773.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $333,773.00 as follows: a) The sum of $8,345.00 as provided for in the 2016 Capital Budget Fire Services to be funded by a transfer from DC's -City's Share Reserve; b) The sum of $325,428.00 to be funded by a transfer from Development Charges-Fire Protection Reserve Fund; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report ENG 11-16 Municipal Bridge Maximum Gross Vehicle Weight Restrictions -By-law to Establish a Load Limit for Certain Bridges Under the Jurisdiction of the City of Pickering Recommendation 92-101 1. That the attached draft By-law limiting the gross vehicle weight of any vehicle of any class thereof, passing over certain bridges, under the jurisdiction of the Corporation of the City of Pickering be enacted; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 6. Director, Engineering & Public Works, Report ENG 12-16 Debenture Financing for the West Shore Neighbourhood -Flood Remediation, Breezy Drive and Vistula Drive Roads Reconstruction Project Recommendation 102-109 1. That the West Shore Neighbourhood Flood Remediation, the West Shore Neighbourhood-Breezy Drive Road Reconstruction, and the West Shore Neighbourhood Vistula Drive Road Reconstruction projects be combined as the "West Shore Neighbourhood-Flood Remediation, Breezy Drive and Vistula Drive Roads Reconstruction" project for debenture financing for an estimated total project cost of $815,500.00 be approved; 2. That, notwithstanding the Council approved Purchasing Policy, The Regional Municipality of Durham (the "Region") be authorized on behalf of the City of Pickering (the "City"), to undertake the calling and awarding of the contract which will include the West Shore Neighbourhood -Flood Remediation, Breezy Drive and Vistula Drive Roads Reconstruction project; 3. That Council authorize the Division Head, Finance & Treasurer to finance the estimated project cost of $815,500.00 as follows: a) the financing source for West Shore Neighbourhood-Fl'ood Remediation Breezy Drive and Vistula Drive Roads Reconstruction Projects (Account 5320.1617.6250) be changed to 10-year external debt; b) the sum of $815,000.00, as provided for in the 2011, 2015 and 2016 Capital Budgets and as amended in 3 a) be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 1 0 years; c) the balance of $500.00 to be funded from property taxes; d) the annual repayment charges in the amount of approximately $98,000.00 be included in the annual Current Budget for the City of Pickering commencing 2016, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid, and any financing cost to be paid out of the Current Budget; e) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 66 7. 8. 67 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report ENG 13-16 Tender for Third Concession Road Reconstruction and Centennial Park Parking Lot Refurbishment -Tender No. T-20-2016 . Recommendation 110-119 1 . That Tender No. T -1 0-2016 for Third Concession Road Reconstruction and Centennial Park Parking Lot Refurbishment as submitted by C. Valley Paving Ltd. in the total tendered amount of $322,427.14 (HST included) be accepted; 2. That the total gross project cost of $398,213.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $358,603.00 (net of HST rebate) be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the total net project cost of $358,603.00 as follows: a) The sum $287,829.00 as approved in the 2016 Capital Budget for Third Concession Road Reconstruction to be funded from the Southeast Collector Enhancement Fund; b) The sum of $70,774.00 as approved in the 2016 Capital Budget for Centennial Park Parking Lot Refurbishment to be funded from the Rate Stabilization Reserve; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report ENG 14-16 Request for Additional Funding for Consulting Services -Proposal No. RFP-4-2015-Palmer Bridge Recommendation 120-123 1. That the additional fee proposal as submitted by AECOM Canada in the amount of $71,682.00 (HST included) for the change in scope of work for the Palmer Bridge design and specifications be accepted; 2. That the total revised gross project cost of $271,640.00 (HST included) and the total revised net project cost of $244,620.00 (net of HST rebate) be approved; 3. That the Division Head, Finance & Treasurer be authorized to finance the total revised net project cost as approved in the 2014 Roads Capital Budget in the amount of $244,620.00 by an additional transfer of $71,008.00 from the York Region SEC Funding Agreement; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9. Director, Engineering & Public Works, Report ENG 15-16 124-138 Professional Monitoring Services for Stormwater Management Facilities Duffin Heights Neighbourhoold Recommendation 1. That Council approve the hiring of the Toronto and Region Conservation Authority for the Professional Monitoring Services for Stormwater Management Facilities Duffin Heights Neighbourhood in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; 2. That the fee proposal submitted by the Toronto Region Conservation Authority for the Professional Monitoring Services for Stormwater Management Facilities Duffin Heights Neighbourhood in the amount of $75,346.14 (HST included) be accepted; 3. That the total gross project cost of $85,896.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $77,352.00 (net of HST rebate) for the Professional Monitoring Services for Stormwater Management Facilities Duffin Heights Neighbourhood be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the total net project cost of $77,352.00 from the Developers Contribution; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Director, Engineering & Public Works, Report ENG 17-16 Village Green Construction -Tender No. T-11-2016 Recommendation 139-147 1. That Tender No. T-11-2016 as submitted by Melfer Construction Inc. in the total tendered amount of $213,273.94 (HST included) be accepted; 2. That the total gross project cost of $246,578.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $222,051.00 (net of HST rebate) be approved; 68 69 3. That the Division Head, Finance & Treasurer be authorized to finance the total net project cost in the amount of $222,051.00 as follows: a) The sum of $24,500.00 as approved in the 2014 Parks Capital Budget be increased to $27,201.00 by a transfer from the Parkland Reserve Fund; b) The sum of $175,500.00 as approved in the 2014 Parks Capital Budget be increased to $194,850.00 by a transfer from Development Charges (DC) -Parkland Development & Trails Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11. Director, Corporate Services & City Solicitor, Report FIN 11-16 2016 Final Tax Due Date for Commercial, Industrial and Multi-Residential Realty Tax Classes Recommendation 148-153 1. That Report FIN 11-16 of the Director, Corporate Services & City Solicitor be received; 2. That the Division Head, Finance & Treasurer be authorized to issue the final 2016 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of September 28, 2016; 3. That the Division Head, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 12. Director, Corporate Services & City Solicitor, Report FIN 12-16 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation 154-156 1. That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 13. Director, Corporate Services & City Solicitor, Report FIN 13-16 Annual Indexing and Development Charges for City-Wide and Seaton Lands Recommendation 157-162 1. That Report FIN 13-16 of the Director, Corporate Services & City Solicitor be received; 2. That effective July 1, 2016 as provided for in By-law 7324/13, the Development Charges (the "DCs") referred to in Schedule "C" of that By- law be increased by 1.7 percent; 3. That the DCs that are specific for the Seaton Lands and the additional contributions as specified in Articles 4 through 6 of the Seaton Financial Impacts Agreement dated November 26, 2015 be approved; and 4. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 14. Director, Corporate Services & City Solicitor, Report FIN 14-16 163-166 Development Charges Reserve Fund -Statement of the Treasurer for the Year Ended December 31, 2015 Recommendation That Report FIN 14-16 of the Director, Corporate Services & City Solicitor respecting the Development Charges Reserve Fund be received for information. 15. Director, Corporate Services & City Solicitor, Report FIN 15-16 2015 Building Permit Stabilization Reserve Fund Recommendation 167-168 It is recommended that Report FIN 15-16 from the Director, Corporate Services & City Solicitor regarding the 2015 Building Permit Stabilization Reserve Fund be received for information. 16. Fire Chief Report FIR 02-16 169-177 Automatic Aid Agreement between The Corporation of the Town of Whitby And The Corporation of the City of Pickering for Fire Services Response on Highway 407 Recommendation 1. · That Report FIR-02-16 of the Fire Chief be received; 2. That the Automatic Aid Agreement between The Corporation of the Town of Whitby and The Corpo"ration of The City of Pickering be approved; 70 71 3. That the Mayor and City Clerk be authorized to execute the Agreement subject to minor revisions satisfactory to the Fire Chief; 4. That appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and 5. That a copy of the report be forwarded to the Town of Whitby. 17. Director, City Development, Report PLN 09-16 Durham Economic Development Partnership Memorandum of Understanding Recommendation 178-187 1. That Council authorize the Mayor and City Clerk to execute a Memorandum of Understanding (MOU) with the Region of Durham and all other members of the Durham Economic Development Partnership (DEDP) as set out in Attachment #1 to this Report, to formalize DEDP member roles and responsibilities; and 2. That a copy of this Report be forwarded to the Region of Durham and other members of DEDP for their information. June 27, 2016 Committee Reports b) Report 2016-04 of the Planning & Development Committee Pages 1. Director, City Development, Report PLN 07-16 27-38 2. 3. ,zoning By-law Amendme.nt Application A 01/16 816 Kingston Road (Pickering) Limited Part of Lots 27 and 28, Range 3, BFC (820 Kingston Road), City of Pickering Recommendation That Zoning By-law Amendment Application A 01/16, submitted by 816 Kingston Road (Pickering) Limited, to permit a drive-through facility, increase the maximum permitted total gross leasable floor space for restaurant uses, and reduce the minimum number of required parking spaces, on lands being Part of Lots 27 and 28, Range 3, BFC, be endorsed as outlined in Appendix I to Report PLN 07-16 and that staff be authorized to finalize and forward the implementing Zoning By- law Amendment to Council for enactment. Director, City Development, Report PLN 08-16 Consultant Selection for Urban Design Review Services Recommendation 39-43 1. That the proposal in response to RFP-5-2016, submitted by John G. Williams Limited, Architect, to undertake Urban Design Review Services for a period of 3 years, commencing July 1, 2016 and expiring on June 30, 2019 be accepted; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, City Development, Report PLN 10-16 Cultural Heritage Evaluations for Heritage Lots located in the Seaton Urban Area Recommendation 44-64 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee to designate the following properties under Section 29 (Part IV) of the Ontario Heritage Act: 3250 Sideline 28; 3215 Sideline 28; 750 Whitevale Road; 940 Whitevale Road; 3185 Sideline 26; 1125 72 73 Whitevale Road; 1200 Whitevale Road; 1390 Whitevale Road; and 3285 Sideline 20; 2. That Council authorize staff to prepare the appropriate heritage materials, including notices and designating by-laws, and report back to Council at a future date; 3. That, with respect to the former Whitevale school property located at 3215 Sideline 28, Council authorize staff: to investigate the use of the property for a municipal purpose once the tenant is no longer residing on the property; to enter into discussions with Infrastructure Ontario and the current tenant regarding the future ownership and use of the many artifacts associated to the former school; and to report back to Council on these matters; 4. That Council authorize staff to prepare a reference plan to illustrate the appropriate size and configuration to retain the heritage context of the stone house located at 750 Whitevale Road; 5. That Council request Infrastructure Ontario to manage the properties in compliance with the Standards & Guidelines for Conservation of Provincial Heritage properties; and 6. That a copy of this Report and Council's Resolution be forwarded to Infrastructure Ontario, the Minister of Tourism, Culture and Sport, and the Whitevale and District Residents' Association, and the owners of 3285 Sideline 20 (Francis and Jennifer Dempsey). 4. Director, City Development, Report PLN 11-16 65-80 Official Plan Amendment Application OPA 15-001/P Zoning By-law Amendment Application 6/15 Duffins Point Inc. Part Lot 19, Concession 3, Part 1, 40R-2548 and Part 1, 40R-'26764 (2460 and 2470 Brock Road) Recommendation 1. That Official Plan Amendment Application OPA 15-001/P, submitted by Duffins Point Inc., on lands being Part Lot 19, Concession 3, Part 1, 40R- 2548 and Part 1, 40R-26764, to permit a single-storey commercial building with a drive-through facility, be approved; and 2. That Zoning By-law Amendment Application A 6/15, submitted by Duffins Pointlnc., on lands being Part Lot 19, Concession 3, Part 1, 40R-2548 and Part 1, 40R 26764, to facilitate a retail/commercial development, be endorsed subject to the provisions contained in Appendix I to Report PLN 11-16, and that the Official Plan amendment in Recommendation No. 1 be added and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. June 27, 2016 New and Unfinished Business Pages 1. 2. Director, Culture & Recreation, Report CR 07-16 New Operations Centre Request for Approval for Design Consultant and Project Management Recommendation 76-84 1. That Council approve the awarding of architectural and engineering services to Rounthwaite Dick and Hadley Architects Inc. (RDH), for the new Operations Centre located at 1955 Clements Road in the amount of $720,000 plus HST, to complete the redesign and contract administration during construction in accordance with the City's Purchasing Policy Item 10.03 (c); 2. That Council approve the awarding of project management services to Independent Project Managers (IPM) for the new Operations Centre located at 1955 Clements Road, in the amount of $350,000 plus HST during redesign and construction, in accordance with the City's Purchasing Policy Item 10.03 (c); and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Engineering & Public Works, Report PW 01-16 Quotation No. Q-42-2016 Su-pply and Delivery of One Articulating Front End Loader Recommendation 85-94 1. That Quotation No., Q-42-2016, submitted by Hub International Equipment Ltd. for Supply and Delivery of One Articulating Front End Loader in the amount of $179,500.00 (HST extra) be accepted; 2. That the total gross project cost of $202,835.00 (HST included) and the total net project cost of $182,659.00 (net of HST rebate) be approved; 3. That Council authorizes the Division Head, Finance & Treasurer to finance the net project cost in the amount of $182,659.00 as follows: a) the sum of $180,000.00 as provided for in the 2016 Roads Capital Budget be financed by the issue of debentures by The 74 75 Regional Municipality of Durham over a period not to exceed five years; b) the sum of $2,659.00 to be funded from property taxes; c) the financing and annual repayment charges in the amount of approximately $39,600.00 be included in the annual Current Budget commencing in 2016 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 77 CR 07-16 June 27, 2016 Subject: New Operations Centre Page 2 be prudent to have the same firm that is familiar with the drawings and engineering specifications to review and revise them. IPM services were employed during the development of the original drawings and engineering specifications, and their knowledge and expertise is required on the project redesign. By continuing to engage both firms, the City is avoiding the potential "learning curve cost" of selecting new firms and avoiding any other delays to the project. Financial Implications: The 2016 Operations Centre capital budget includes funding in the amount of $1.4 million for project management, design and related consulting activities, that is funded by the Operations Centre Reserve Fund. The funding approvals requested in recommendations one and two have beeri accounted for in the approved 2016 project budget. Discussion: On July 26, 2012, Rounthwaite Dick and Hadley Architects Inc. (RDH) was awarded the architectural and engineering design services for the new Operations Centre by Council Resolution #1 08/12 (RFP-1-2012), at a total project cost of $1,143,714 (net of HST rebate). RDH has completed the original design at a cost of approximately $889,606 plus HST. The balance of the costs (as reflected in recommendation one) are for revised drawings and construction contract management, which have yet to be incurred. Shortly thereafter, on October 9, 2012, Independent Project Managers (IPM) was awarded the project management services for the design and construction of the new Operations Centre by Council Resolution #124/12 (CS 48-12), at a total project cost of $356,286 (net of HST rebate). IPM has completed services up to the design stage at a cost of approximately $76,045 plus HST. The balance of the costs (as reflected in recommendation two) are related to tender and construction activities, which have yet to be incurred. RDH has worked in consultation with IPM and City.staff to substantially complete the design of the new Operations Centre at 1955 Clements Road. At this time, City staff have made a commitment to reduce the construction cost of the new Operations Centre which will require redesign and the preparation of new design drawings and tender documents. This exercise is intended to significantly reduce the construction costs without compromising on the operational functionality of the new facility. It is beneficial to continue using the same design consultant as a continuation of previouswork will avoid the potential for conflicting information and to ensure quality, consistency and coordination in the design. The redesign and contract administration during construction by RDH, including increased costs associated with a later project start date, will result in a cost of approximately $720,000 plus HST. The value is comprised of the balance of outstanding work from the original award in the amount of $307,127 plus HST, the redesign fees of $344,000 plus HST, and a contingency of $68,873 plus HST. CORP0227-07/01 revised PW 01-16 June 27, 2016 Subject: Quotation No. Q-42-2016 Supply and Delivery of One Articulating Front End Loader Page 2 Executive Summary: The City of Pickering currently utilizes two articulating front end loaders. The replacement of one front end loader (unit# 112, 1997 Case Loader) was approved in the 2016 Roads Capital Budget to be funded by an external debt for a term of 5 years. On May 12, 2016 an advertisement for Q-42-2016 was placed on the City's website. Eight companies responded with ten submissions by the closing date of Thursday, May 26, 2016. The quotation from Hub International Equipment Ltd. for the Supply and Delivery of One Articulating Front End Loader, has received the highest score from the Evalwation Committee, meets the required specifications and is recommended for approval. · That projects identified as being financed through the issuance of debt is subject to additional, specific approval of the expenditure and the financing by Council. 1. Financial Implications: Quotation No. Q-42-2016 HST (13%) Total Gross Quotation Cost 2. Estimated Project Costing Summary Quotation No. Q-42-2016 HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost 3. Approved Source of Funds 2016 Roads Capital Budget Account Source of Funds 5320.1603.6178 Debt-5 years Property Tax Total Funds Net Project Cost under (over) Approved Funds CORP0227 -07/01 revised Available Budget $200,000.00 0.00 $200,000.00 $179,500.00 23,335.00 $202,835.00 $179,500.00 23,335.00 202,835.00 (20, 176.00) $182,659.00 Required $180,000.00 2,659.00 $182,659.00 $17,341.00 86 PW 01-16 June 27, 2016 Subject Quotation No. Q-42-2016 Supply and Delivery of One Articulating Front End Loader Page 3 Discussion: The City of Pickering currently utilizes two articulating front end loaders. The replacement of one front end loader (unit #112, 1997 Case Loader) was approved in the 2016 Roads Capital Budget, to be funded by an external debt for a term of 5 years. On May 12, 2016 an advertisement for Q-42-2016 was placed on the City's website. Eight companies responded with ten submissions by the closing date of Thursday, May 26, 2016. An Evaluation Committee consisting of Public Works staff met on June 6, 2016 and each committee member evaluated the quotations based on the rated criteria. A combined average score for each quotation was determined as part of Stage II of the evaluation process. The quotation from Hub International Equipment Ltd. for the Supply and Delivery of One Articulating Front End Loader, has received the highest score from the Evaluation Committee, meets the required specifications and is recommended for approval. After careful review of all submissions received, the Evaluation Committee and the Engineering & Public Works Department recommends acceptance of the quotation submitted by Hub International Equipment Ltd. for the Supply and Delivery of One Articulating Front End Loader, in the amount of $179,500.00 (HST extra) and that the total net project cost of $182,659.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services memo dated May 31, 2016 2. Supply & Services memo dated June 7, 2016 3. Being a by-law to authorize the Supply and Delivery of One Articulating Front End Loader and the issuance of debentures in the amount of $180,000.00. CORP0227-07/01 revised 88 93 ·'/ f\~ C I -/0 ATTACHMENT# _-::, TOREPORT# __ ·}_-. The Corporation of the City of Pickering By-law No. Being a by-law to authorize the Supply and Delivery of One Articulating Front End Loader and the issuance of debentures in the amount of $180,000.00 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401 ( 1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, Whereas the Council of the City of Pickering wishes to proceed with debenture financing for the Supply and Delivery of One Articulating Front End Loader; and, Whereas before authorizing the Supply and Delivery of One Articulating Front End Loader, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City approved Report PW 01-16 on the date hereof and awarded Quotation No. Q-42-2016 for the Supply and Delivery of One Articulating Front End Loader; June 27, 2016 Notice of Motion a) Provi$ion of Residential Tax Relief to eligible low income seniors and low income disabled persons. Moved by Councillor Brenner Seconded by Councillor Mclean Whereas Section 319 and 373 of the Municipal Act, 2001 and its regulations enables municipalities to address the financial hardships experienced by low income seniors and low income disabled persons struggling to pay their residential property tax. Whereas increasing economic pressures on this most vulnerable group of residents has contributed to an increasing level of demand for services at local food banks. Whereas there is a continuing emphasis by all levels of Government to develop programs that will assist seniors and the disabled to remain in their homes. Whereas various municipalities across Ontario and Canada have taken steps to implement new best practices/models to support low income seniors and low income disabled persons struggling to pay their residential property taxes, such as the City of Ottawa and the City of Kingston. Whereas Durham Region in 1998 adopted Report #98-F-57 that was implemented by the City of Pickering, providing an option for residential tax deferral to eligible low income seniors and low income persons with disabilities to defer increases in excess of the first 5% or $100.00, whichever is greater. Whereas since 1998, while the annual residential property tax has never exceeded the eligibility threshold, the accumulative impact of increasing levels of residential property tax coupled by declining economic conditions, has created a significant hardship on low income seniors and low income disabled persons struggling to remain in their homes. Whereas while policies related to residential property tax deferral is the responsibility of the upper tier municipalities, lower tier municipalities may introduce Tax Grant Programs for low income seniors and low income persons with disabilities. Whereas municipalities such as the City of Oshawa and the Town of Whitby have implemented tax reduction programs for eligible low income seniors and low income persons with disabilities. 95 96 Now therefore be it resolved that the City of Pickering: 1. Request that Durham Region review and amend the eligibility criteria set out in Report #98-F-57 and that such review include input from organizations such as Canadian Association of Retired Persons (CARP) and senior citizen groups within Durham for implementation in 2017. 2. Direct the City of Pickering's Division Head, Finance & Treasurer to review lower tier grant/reduction programs and prepare guidelines for implementation for a City of Pickering Residential Tax Relief Program for eligible low income seniors and low income persons with disabilities in 2017, and report back to Council no later than October 17, 2016 on the status. 3. Copies of this resolution be forwarded to the Region of Durham and all Durham Regional lower tier municipalities and to Ajax-Pickering CARP. b) East West Transportation Options for North Pickering Moved by Councillor Brenner Seconded by Councillor Mclean Whereas the community of Seaton has commenced its first phase of development with an anticipated 50,000 residents moving to Pickering over the next 10-15 years. Whereas a target for job creation in Seaton for 35,000 jobs is envisioned by its full build out. Whereas the creation of jobs will consist of an estimated 24,000 jobs requiring prestige employment development within the Innovation Corridor Lands currently being sold by the Province of Ontario. Whereas the creation of the Rouge National Park presents a unique opportunity for business and job creation in the agri-business and agri-tourism sectors. Whereas the Federal Government has recently designated lands for commercial development on the Federal holdings in north Pickering, directly adjacent to the block of prestige employment lands along the Highway 7/407 corridor. Whereas the Province of Ontario and Metrolinx in 2008 released a 15-year plan for a Regional Transit and Highway Network incorporating a combination transit options referred to as Schedule 1 to this motion. Whereas the Big Move failed to incorporate a needed urgency for Transportation options that would address what has become gridlock in Durham Region and in particular the City of Pickering, including the building of a new Regional Rail system between Toronto Centre and Peterborough, referred to as the Havelock line. Whereas new growth in Seaton will necessitate the need for more transportation options to reduce gridlock and enable Pickering to attract new business ventures within the Highway 7/407 Innovation Corridor. Whereas recent discussions with Ministry of Trar:tsportation representatives at the May gth Executive Committee meeting confirmed there will be no improvements to the Highway 407 Transit Corridor for the foreseeable future. Now therefore be it resolved that the City of Pickering stress the urgency for the Province and Metrolinx to incorporate revisions into the Big Move 2008 Plan that includes the following: a. New time lines that would see commencement of construction of a coordinated transit way into Pickering and alignment with a potential Regional rail station, north of Highway 7 and Brock Road, aligning with the Havelock rail line. b. Extending the proposed route 13 Regional rail line using the Havelock line to Peterborough, and establishing a time line of no more than ten years for its implementation c. And that copies of this resolution be forwarded to the Provincial Minister of Transportation, Chair of Metrolinx, MPP Tracy MacCharles, MPP Joe Dickson, MP Jennifer O'Connell and the City of Peterborough, Durham Region and the Ajax-Pickering Board of Trade for their endorsement. 97 By-laws 7495/16 7496/16 7497/16 7498/16 7499/16 7500/16 7501/16 7502/16 7503/16 7504/16 June 27, 2016 Being a by-law to establish that part of Lot 16, Range 3, BFC, being Part 1, 40R-9646 as public highway. (By-law attached) Being a by-law to establish that part of Block 27, 40M-2470, being Part 1, 40R-29140 and that part of Lot 113, Plan 350, being Part 2, 40R-29140, as public highway. (By-law attached) Being a by-law to limit the gross vehicle weight of any vehicle or class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering, pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. [Refer to Executive Committee pages 95-97] Being a by-law to authorize the West Shore Neighbourhood - Flood Remediation, Breezy Drive and Vistula Drive Roads Reconstruction project in the City of Pickering and the issuance of debentures in the amount of $815,000.00. [Refer to Executive Committee pages 107-108] Being a by-law to establish the 2016 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes. [Refer to Executive Committee pages 152-153] Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Part of Lot 18, Concession 2, in the City of Pickering. (A 01 /15) (By-law attached) Being a by-law to exempt Block 1, Plan 40M-2564 and Block 39, Plan 40M-2086, Pickering, from the part lot control provisions of the Planning Act. (By-law attached) Being a by-law to establish that part of Block 32, 40M-1987, being Part 6, 40R-29241 as public highway. (By-law attached) Being a by-law to establish that part of Block 32, 40M-1987, being Part 5, 40R-29241 as public highway. (By-law attached) Being a by-law to authorize the Supply and Delivery of One Articulating Front End Loader and the issuance of debentures in the amount of $180,000.00. [Refer to New and Unfinished Business pages 93-94] 104 7505/16 105 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6539/05 and By-law 7236/12, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lots 27 and 28, Range 3, BFC (A 01/16) (By-law attached) DETAILINSET SCALE NT.S \ 0 PART1 \ <( 0 40R-9646 0 0:: <( v 0 I 0:: 0 \ l5 ~ (]) (/) w 0:: 5 a (/) COPPERSTONE D w > ir 0 I SILICONE DR!\ 0 <( w lD I# w z SUBJEC( 0 t-(/) 1---0:: w ()_ LANDS (L SEE INSERT 0 0 CLEMENTS ROAD CLEMENTS I (/) w 0:: I 5 0 1' (/) ~ Location Map FILE No: ROADDED. 563. APPLICANT: City of Pickering PROPERTY DESCRIPTION: Part Lot 16, Range 3, BFC, being Part i, 40R-9646 City Development (Squires Beach Road) I DATE: Nov. 24, 2015 etc Se>vn::::eo~: · I SCALE 1:5,000 IPN-4 ~-Teoronlrl Enterpri•ee In~. ond it. au~:oplh:ono.. AI! rigtrtc Rera,..rverd. Ngt c: pion of •urvey. 2.0,3 1-tF>AC end Ita auppl\e:ra.. All Mol'rl:s Rera:erved, Net c ploT'! of Survey. 107 Detailed Chart of the Requirements to Lift the "H" Holding Symbol from Part of Lot 18, Concession 2 Zoning By-law Amendment Application A 1/15 By-law 7085/1 0 placed a "(H)" Holding The requirements to lift the "(H)" Holding Symbol on the subject lands (Part of Lot 18, Symbol have been addressed as follows: Concession 2) to ensure the following: a) acceptance of an updated Master a) the updated MESP has been accepted by Environmental Servicing Plan (MESP) by the TRCA and the City the City and the Toronto and Region Conservation Authority (TRCA) b) acceptance of a Stormwater Management b) the Stormwater Management and and Hydrogeological Report, consistent with Hydrogeological Report has been accepted the updated MESP, by the City and the by the City and the TRCA TRCA c) acceptance of a revised Environmental c) a revised Environmental Impact Study has Impact Study by the City and the TRCA been accepted by the City and the TRCA d) receipt of an acceptance letter from the d) an acceptance letter has been received Ministry of Culture of the Stage 1 and 2 from the Ministry of Tourism, Culture and Archaeological Report Sport e) acceptance of a Noise Impact Study by the e) a Noise Impact Study has been accepted Region by the Region f) acceptance of an updated Phase 1 f) an updated Phase 1 Environmental Site Environmental Site Assessment by the Assessment has been accepted by the Region Region g) execution and registration of a development g) a site plan agreement between the City and agreement with the City containing the Owner addressing the requirements for provisions that: the development of a mixed use project (i) the owner agrees to convey lands as has been executed and registered may be required through the recommendation of the Update to the Master Environmental Servicing Report for the construction of a stormwater management facility and open space lands June 16, 2016 Page 1 of 2 11 5Detailed Chart of the Requirements to Lift the "H" Holding Symbol By~law 7085/10 placed a "(H)" Holding The requirements to lift the "(H)" Holding Symbol on the subject lands (Part of Lot 18, Symbol have been addressed as follows: Concession 2) to ensure the following: (ii) appropriate arrangements have been made to the satisfaction of the City that all the requirements for the development of the mixed use project have been complied with, including but not limited to the conveyance and construction of the municipal road right- of-way required for access to the subject site, payment of the owner's proportionate share of costs associated with the preparation of required area- wide studies, and the cost of off-site works, the sharing of commercial parking spaces with residential visitor parking , pedestrian enhancements along Brock Road, sustainable site and building design, parkland dedication, entering into a site plan agreement, environmental and engineering requirements, securities and insurance (iii) appropriate arrangements have been made to the satisfaction of the Region for the conveyance of the road widening and sight triangle, and the provision of sanitary, water and transportation services and environmental and engineering requirements (iv) appropriate arrangements have been rnade to the satisfaction of the City (in consultation with the TRCA) for the conveyance of open space hazard lands to a public authority and TRCA's approval of the provision of environmental and ·engineering requirements June 16, 2016 Detailed Chart of the Requirements to Lift the "H" Holding Symbol Page 2 of 2 11 6 . . ' '.· . -· ·,' .· '· . ' .. ,_·: ::·_··.: -·The Qorporation oftheChy of Picke-ring--.--• . ,, ::'", . ·.-··: ... ·.,_ .. . . ·' .-.-_-_ . _By-l.aw N6 .. 7500/16 . · ' · . > · ._ _ _ ': · ... ··.·.· -~: . . ; --. . . .· -. . .. . .;:·... . . \' .. ' -~- -> ' ... ; . :·. ~. ·_·_ . . . ' :..,:·.. . .· ~-·.· ... -• -· ._ Being a by:,law to amend Restricted Area (ZgningH3y'":laW.303B.,: .. -· <as am.ended; to implement the Official Piao of the CltY()fPickering; . · '-Regionpf Purham being Part of Lot 18; Concession 2,;:irtthe ¢1ty , ___ . bfflck~ri.n~ (A 01/15) ,\ · :. -_. · .. _. · . > _·_ ·: · ~~" ::~;:;::.: " __ _ _ .• whereas-tn~_cou.ncil _of Th~ c'grporati()n 6tthe'Gitfot Pickerht9 passed_· By-1~0 7085/tO, ·---~·acn~pdlrigBy~lc'nNG036;.toperrrTita•rnbced0se_dev~·lopp1entfor:tc:)\fv_nh6us~dweiling:-·:· ··_. _uhits:;._~pa~rnenf buil.dirigs; C?nd ·comm·~r9laf_u~eAon··Iaqds 6ei_ri~J_P·~_tt ofQ>.t18,. _.~._~--.··-•--'. . · co·n (::ess iofl', 2, in. the; City of Pickering;<>-/ ·-· ·-· ·. ~ : .. · _ .. _·_ .• < - • •. An~ Jv~~re~s Bila~ 7 O~~~j 0 J~dGJ ~s;ll ri "(8)' \16\q in~ $yrrJiJ[)J ~~~f>li;hg \lie, . · .• · ..•. ··.·. UR.HiM.lJ~:3"Zori~t wh,ich hasthe1 effebt q(prey$ntirrg~th~--dev.~ldprn€i:n1 ofth~.raf1ds :until· .. ·_ · .. , __ · .. , •. swph)irr)e, ~s <app.r()p:(iate-arr~ngernerit$. h,aveb~eh rna9~Joth(3.·· $atisfaction oJth~. Ci~y :·. ___ ···o{ficker-i!lg. respeding_the a6,ceptc3pce:of c:m.tfpdateH .l\t1~_stefEnvkon.meOt~ls?rvid~g..... .. .. :-: Plan (MESP} by the C~ity:~tnd theTo.ronto.and Region. Coii$eryatiori Authority··(TRCA);· · •· •. _.· ··· · :,~:a,p9er:i~~rice-·6ta•.-~tqrn)0aterM~r1?gefllent··and __ Hydrogeqlogi~al ReJ?9H:co0sist~ntWith·-·· . .. -\-.the Lipdated ME$.P.by the_ City ant! the TRCA;.acceptance·of(3revi§ed ~nvirormienta+ _· ': lmpC1cFf3tupyby the: C::i~yaO_c]theT:RCA; r~c:efpt·.ofpn:_a<;ce:pt2162~--~e.tter-:fr9.rnthe :, ·--·-····· . • ... Min.istl)r-of.Gu.ltureoftheStage;l ahct2Ar9haeo!ogica1Heport; acceptanc~-ofaNojs_e : :lm.pacFStudybythe. Reg.ip.O ofD0rharn; ~cceptfin.ce ()f:an ~pd~teq·.Phase: r. . .. : . · --· ·· .•• E:i:ivirpnmeotai'SHei\ssessmeQtbythe R~gionofDurh·arr( and<executioh apd _ ., •.• --·.registration of abevelopmeritAgreernef)twith;the cit~/-otpi.ckering;,: . · · ,: _ .-.·•_--- . -_ ·:~· . '-t,· : -... :.. . .• , . .·-· ___ ··_ .. ~:-·. -· __ · -_ .. ·-· ~-. . · ...... ,-._ . ·,. ·, -·, . .. _, .. And_ whe'teas :u1e0wner'hk$,S~tisfi~d th~ ~ngiri~eririg ,:ti'ansport~ticxi; 'en0ir~nmehtal. ·. ·--and.sit_edesign requirerri~nts nf;the R~gion ofDurharn; the-Tor6nt6 an9. F{eglon · ·., ·. ·._ .• _ ..... -.. -.<Consfjryatio.n_·Authority,and, tfwGit~/ofPickerfng,·and ,_ha$.'Gn.tered intoanapprqpriat~ .. <· .. •--· ·· ··-• · •.. ·:'agr~Gfl!_E;nf tq-th$, Gity!s'satisfactiori for. all_th~•·requirer9e~tsfbr fht:; develo·pment()f.thE? _ •· · ;mi~edus~ prpj~ct;· " · _· · · ·· · . : · . ···--·-•-· · · ·-•· · ' · · J. ·._, ' ' i • . . '. ' ·.·,:. ~: • ·., :. :, .-;.· --. ·,· __ .:;And \IVher~a-saq arn~ndme~ftnar1lencjirig.By-law7085'/io_, 'to.rernoV(3jhen(r,i)'; Hql~iQg . .. ·· .:syiT)pol pr~ce~ingJh~ 'HH/MU;;3';Zon~ isthGref0re:d~emed.f:lpprqphi:ae; ·. · ·•:•·· · ~-~ .. -: ·.·.'-/ , ... :-.-~~-·-·_ .. --___ ... . · .. : ':.::.J,' . :-· ···. ·.:~·-·.; ·.' · ... · .... ' ·, -' . . .. ...:''. ·: }N~wth~refore the' ¢()unciL~ofTh€t Corporation 'ofthe7-¢fty of Pic.kerJog.'h~reby ~na~ts::as. · : fo:llovvs:::.· _ · --, >, ': • · . -: < . . ;, ~ \ : . 1: · . ~dhedulel. -_ ,. -·. .__ .. · . ,_ · · ·: s-c~edul~) to s·yAEivJ 70.85/1.~_, ~~ ·h~~eqy amen.ctea py'terno\(i~g.ih~ "{H.)" Holdlr)~{-·· SymboJ preceping the·''RH/MU-3" Zone designatioqon Part of L;Ot:JS, : · · ·_. Concessi()~2; as setouton'Schedule I ?tta2hedhereto .. · · · · 2. ·· Text Amend!Tlenf ·\ .... . ·-.. -Section 5.ofBy.:lavv70~E;/10 .is herebyrepealed, ·· .. ·:<:::· . : .,· '.· .. _,_ -~ ·. . . ··~ . -,. . . . •.'. ~ -3:; Area Restricted . --By'-lavy3036~ as'amended by E3y-law}085/~0, isherebyfurth¢r (3m~r1ded only to · the extent ne¢essary to giv~ .effectto th~ provisbns of this By-law as s~tout jn - Section 2. above, and as set out iri Schedule l attached hereto. Definition sand· __ -_. subjectmatter_notspycificaJiy dealt.\'Vith-'inthisby-lawshali b~goverfi~d byth?. ·rf?levarit prmiisions.ofBy_:la\f\1 3036;-ps•amended · · , · · · ~ Effe.ctiveuate· ~ .;: . . -' -·.,_, . ·• : :.: .. -.:'. ··':,':·· ,· This'By~law:sball cpmelntO}qfce -in' a¢cbrcta62~ with· th~ prpVisio'ns·:'ofthe- , __ Piahning f!tc;r• ·. , - ........ ._:•· ·-,_;. -l ·:" . ·, .•.· ,·, '·L ·) ... :, 1.- 118 The Corporation of the City of Pickering · By-law No. 7505/16 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6539/05 and By-law 7236/12, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lots 27 and 28, Range 3, BFC (A 01/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands on Part of Lots 27 and_ 28, Range 3, BFC, in the City of Pickering to permit a drive-through facility, increase the maximum permitted total gross leasable floor space for restaurant uses, and reduce the minimum number of required parking spaces on the subject lands; And whereas an amendment to By-law 3036, as amended by By-law 6539/05 and By-law 7236/12,. is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1 . Area Restricted The provisions of this By-law shall apply to those lands 011 Part of Lots27 and 28, Range 3, BFC, in the City of Pickering. 2. Schedules I and II Schedule I attached hereto with notations and references shown thereon are hereby declared to part of this By-law and replaces Schedule I of By-law 6539/05 as amended by By-law 7236/12. Schedule II attached hereto with notations and references shown thereon are hereby declared to part of this By-law and replaces Schedule II of By-law 6539/05. 3. Text Amendment 1. Section 4. Definitions, of By-law 6539/05 is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: (8) "Drive-Through Facility" means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles thatare in a designated stacking lane. A drive-through facility may be in combination with other uses. A drive-through does not include a vehicle repair shop, gas bar, car washing establishment or kiosks located within a parking garage or public parking lot 130 131 By-law No. 7505/16 Page 2 2. Section 5. (1) Uses Permitted ("MU-20") of By-law 6539/05 is hereby amended by re-alphabetizing this subsection in order to incorporate an additional permitted use: (f) drive-through facility 3. Section 5. (2) (a) (iii) Building Restrictions of By-law 6539/05, is hereby deleted and replaced with the following section: · "No building or portion of a building or structure shall be erected within the building envelope shown on Schedule II attached hereto, unless46.0 metres of the entire length of the build-to-zone, adjacent to Kingston Road is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior." 4. Section 5. (2) (b) (i) Parking Requirements of By-law 6539/05, is hereby deleted and replaced with the following section: "A minimum of 144 parking spaces shall be provided and maintained on lands zoried "MU-20" on Schedule I attached to this By-law;". 5. Section 5. (2) (b) Parking Requirements of By-law 6539/05 is hereby amended by renumbering this subsection in order to incorporate the following subparagraph: (iii) Section 5.21.2 (d) of By-law 3036, as amended, shall not apply to the lands zoned "MU-20" oh Schedule 1 attached hereto; 6. ·Section 5. (2) (c) (i) Special Regulations of By-law 6539/05, is hereby deleted and replaced with the following section: "A maximum combined gross leasable floor area for all restaurants on the lands zoned "MU-20" on Schedule I attached to this By-law shall be 1,220 square metres;" 7. Section 5. (2) (c) Special Regulations of By-law 6551/05 is hereby amended by incorporating .the following subparagraphs: (ii) A maximum combined gross floor gross leasable floor area for all buildings on lands zoned "MU-20" on Schedule I attached to this By-law shall be 3,290 square metres; (iii) Drive-Through Facility Requirements: A A maximum of one drive-through facility shall be permitted; B A stacking lane, order and menu boards, and pick-up windows associated with a drive-through facility use shall not be located within 15 metres of a Residential Zone; By-law No. 7505/16 Page 3 4. By-law 3036 C Drive-through stacking lanes shall not be located between a building(s) and Kingston Road; D A minimum of 8 vehicle queuing spaces before the order board and 4 vehicle queuing spaces between the order board and pick-up window shall be provided. By-law 3036, as amended by By-law 6539/05 and By-law 7236/12, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law, Schedule I and II. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036; as amended. 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 271h day of June, 2016. David Ryan, Mayor Debbie Shields, City Clerk 132